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Art. V.

be enacted.

Art. VI.

maintained.

Art. VII.

tion to prevent pelagic sealing.

Art. VIII.

Aborigines ex It is further agreed that the provisions of this Convenempt from prohibitions. tion shall not apply to Indians, Ainos, Aleuts, or other Art. IV.

aborigines dwelling on the coast of the waters mentioned in Article I, who carry on pelagic sealing in canoes not transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five persons each, in the way hitherto practiced and without the use of firearms; provided that such aborigines are not in the employment of other per

sons or under contract to deliver the skins to any person. Killing sea ot- Each of the High Contracting Parties agrees that it ters restricted.

will not permit its citizens or subjects or their vessels to kill, capture or pursue beyond the distance of three miles from the shore line of its territories sea otters in any part

of the waters mentioned in Article I of this Convention. Legislation to Each of the High Contracting Parties agrees to enact

and enforce such legislation as may be necessary to make effective the foregoing provisions with appropriate pen

alties for violations thereof. Guard to be It is agreed on the part of the United States, Japan, and

Russia that each respectively will maintain a guard or patrol in the waters frequented by the seal herd in the protection of which it is especially interested, so far as may be

necessary for the enforcement of the foregoing provisions. Mutual coopera. All of the High Contracting Parties agree to cooperate pelagic sealing. with each other in taking such measures as may be appro

priate and available for the purpose of preventing pelagic

sealing in the prohibited area mentioned in Article I. Pelagic sealing The term pelagic sealing is hereby defined for the purArt. IX. poses of this Convention as meaning the killing, capturing

or pursuing in any manner whatsoever of fur seals at sea. Distribution of The United States agrees that of the total number of

sealskins taken annually under the authority of the United States upon the Pribilof Islands or any other islands or shores of the waters mentioned in Article I subject to the jurisdiction of the United States to which any seal herds hereafter resort, there shall be delivered at the Pribilof Islands at the end of each season fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Canadian Government and fifteen per cent (15%) gross in number and value thereof

to an authorized agent of the Japanese Government; Suspension of provided, however, that nothing herein contained shall

restrict the right of the United States at any time and from time to time to suspend altogether the taking of sealskins on such islands or shores subject to its jurisdiction, and to impose such restrictions and regulations upon the total number of skins to be taken in any season and the manner and times and places of taking them as may seem necessary to protect and preserve the seal

herd or to increase its number. Advance Day; The United States further agrees to pay the sum of two States to Great hundred thousand dollars ($200,000) to Great Britain Britain and Ja- and the sum of two hundred thousand dollars ($200,000) Art. XI.

to Japan when this Convention goes into effect, as an

defined.

catch on Pribilof Islands.

Art. X.

provide the 15timela

killing

ment by United

pan.

of

catch

from

Great Britain and

advance payment in each case in lieu of such number of fur-seal skins to which Great Britain and Japan respectively would be entitled under the provisions of this Convention as would be equivalent in each case to two hundred thousand dollars ($200,000) reckoned at their market value at London at the date of their delivery before dressing and curing and less cost of transportation from the Pribilof Islands, such market value in case of dispute to be determined by an umpire to be agreed upon by the United States and Great Britain, or by the United States and Japan, as the case may be, which skins shall be retained by the United States in satisfaction of such payments.

The United States further agrees that the British and Minimum share Japanese share respectively of the sealskins taken from American herd to the American herd under the terms of this Convention for shall be not less than one thousand (1,000) each in any year even if such number is more than fifteen per cent (15%) of the number to which the authorized killing is restricted in such year, unless the killing of seals in such year or years shall have been absolutely prohibited by the United States for all purposes except to supply food, clothing, and boat skins for the natives on the islands, in which case the United States agrees to pay to Great Payment when Britain and to Japan each the sum of ten thousand dollars hibited. ($10,000) annually in lieu of any share of skins during the years when no killing is allowed; and Great Britain agrees, and Japan agrees, that after deducting the skins of their respective shares, which are to be retained by the United States as above provided to reimburse itself for the advance payment aforesaid, the United States shall be entitled to reimburse itself for any annual payments made as herein required, by retaining an additional number of sealskins from the British and Japanese shares respectively over and above the specified minimum allowance of one thousand (1,000) skins in any subsequent year or years when killing is again resumed, until the whole number of skins retained shall equal, reckoned at their market value determined as above provided for, the entire amount so paid, with interest at the rate of four per cent (4%) per annum.

If, however, the total number of seals frequenting the Suspension United States islands in any year falls below one hundred than 100,000. thousand (100,000), enumerated by official count, then all killing, excepting the inconsiderable supply necessary for the support of the natives as above noted, may be suspended without allowance of skins or payment of money equivalent until the number of such seals again exceeds one hundred thousand (100,000), enumerated in like manner.

It is agreed on the part of Russia that of the total num-Minimum share ber of sealskins taken annually upon the Commander Russian herd to Islands, or any other island or shores of the waters defined Gape in Article I subject to the jurisdiction of Russia to which Art. XII.

76224°—13— 7

", when herd

less

Great Britain and

pan.

when herd less

any seal herds hereafter resort, there shall be delivered at the Commander Islands at the end of each season fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Canadian Government, and fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Japanese Government; provided, however, that nothing herein contained shall restrict the right of Russia at any time and from time to time during the first five years of the term of this Convention to suspend altogether the taking of sealskins on such islands or shores subject to its jurisdiction, and to impose during the term of this Convention such restrictions and regulations upon the total number of skins to be taken in any season, and the manner and times and places of taking them as may seem necessary to preserve and protect the Russian seal herd, or to increase its number; but it is agreed, nevertheless, on the part of Russia that during the last ten years of the term of this Convention not less than five per cent (5%) of the total number of seals on the Russian rookeries and hauling grounds will be killed annually, provided that said five per cent (5%) does not exceed eighty-five per cent (85%) of the three-year-old

male seals hauling in such year. Suspension If, however, the total number of seals frequenting the than 18,000. Russian islands in any year falls below eighteen thousand

(18,000) enumerated by official count, then the allowance of skins mentioned above and all killing of seals except such as may be necessary for the support of the natives on the islands may be suspended until the number of such seals again exceeds eighteen thousand (18,000)

enumerated in like manner. Minimum share It is agreed on the part of Japan that of the total numof catch from Japanese herd to ber of sealskins taken annually upon Robben Island, or United States, on Great Britain, any other islands or shores of the waters defined in Article

I subject to the jurisdiction of Japan to which any seal herds hereafter resort, there shall be delivered at Robben Island at the end of each season ten per cent (10%) gross in number and value thereof to an authorized agent of the United States Government, ten per cent (10%) gross in number and value thereof to an authorized agent of the Canadian Government, and ten per cent (10%) gross in

number and value thereof to an authorized agent of the Agreement for Russian Government; provided, however, that nothing

herein contained shall restrict the right of Japan at any time and from time to time during the first five years of the term of this Convention to suspend altogether the taking of sealskins on such islands or shores subject to its jurisdiction, and to impose during the term of this Convention such restrictions and regulations upon the total number of skins to be taken in any season, and the manner and times and places of taking them as may seem neces

sary to preserve and protect the Japanese herd, or to ten increase its number; but it is agreed, nevertheless, on the

and Russia.

Art. XIII.

first five years.

last

ten :

For years.

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Art. XIV.

part of Japan that during the last ten years of the term of this Convention not less than five per cent (5%) of the total number of seals on the Japanese rookeries and hauling grounds will be killed annually, provided that said five per cent (5%) does not exceed eighty-five per cent (85%) of the three-year-old male seals hauling in such year.

If, however, the total number of seals frequenting the Suspension Japanese islands in any year falls below six thousand five than 6,500. hundred (6,500) enumerated by official count, then the allowance of skins mentioned above and all killing of seals except such as may be necessary for the support of the natives on the islands may be suspended until the number of such seals again exceeds six thousand five hundred (6,500) enumerated in like manner. It is agreed on the part of Great Britain that in case any Share of herd

Y resorting to Britseal herd hereafter resorts to any islands or shores of the ish possessions. waters defined in Article I subject to the jurisdiction of Great Britain, there shall be delivered at the end of each season during the term of this Convention ten per cent (10%) gross in number and value of the total number of sealskins annually taken from such herd to an authorized agent of the United States Government, ten per cent (10%) gross in number and value of the total number of sealskins annually taken from such herd to an authorized agent of the Japanese Government, and ten per cent (10%) gross in number and value of the total number of sealskins annually taken from such herd to an authorized agent of the Russian Government.

It is further agreed between the United States and Effect on former Great Britain that the provisions of this Convention shall Art. xv. supersede, in so far as they are inconsistent therewith or in duplication thereof, the provisions of the treaty relating to the fur seals, entered into between the United States and Great Britain on the 7th day of February, 1911. This Convention shall go into effect upon the 15th day. Effect,, dura

tion, and termiof December, 1911, and shall continue in force for a period nation. of fifteen (15) years from that date, and thereafter until terminated by twelve (12) months' written notice given by one or more of the Parties to all of the others, which notice may be given at the expiration of fourteen years or at any time afterwards, and it is agreed that at any time prior to the termination of this Convention, upon the request of any one of the High Contracting Parties, a conference shall be held forthwith between representatives of all the Parties hereto, to consider and if possible agree upon a further extension of this Convention with such additions and modifications, if any, as may be found desirable.

This Convention shall be ratified by the President of patix.ch the United States, by and with the advice and consent Art. XVII. of the Senate thereof, by His Britannic Majesty, by his Majesty the Emperor of Japan, and by His Majesty the

treaty.

Art. XVI.

ratifications.

1 See page 91.

exchanged, etc.

fect

to

fur-seal

(37 Stat. preamble.

499),

in the fur sea Pacific of the

seals in north Pa

bidden.

Ibid., sec. 1.

Emperor of all the Russias; and ratifications shall be

exchanged at Washington as soon as practicable. Ratifications (Signed at Washington, July 7, 1911; ratification

advised by the Senate, July 24, 1911; ratified by the President, November 24, 1911; ratified by Great Britain, August 25, 1911; ratified by Japan, November 6, 1911; ratified by Russia, October 22, 1911-November 4, 1911; ratifications exchanged at Washington, December 12,

1911; proclaimed, December 14, 1911.] . Act giving ef- Whereas the plenipotentiaries of the United States, Great convention. Britain, Japan, and Russia did, on the seventh day of Aug. 24, 1912

July, anno Domini nineteen hundred and eleven, enter into a convention for the preservation and protection of the fur seals and sea otter which frequent the waters of the north Pacific Ocean, which convention was subsequently ratified by the Governments of the United States, Great Britain, Japan, and Russia and the exchange of ratifications thereof was effected on the twelfth day of December, nineteen hundred and eleven:

Now, therefore, Killing, etc., Be it enacted by the Senate and House of Representatives cific Ocean for- of the United States of America in Congress assembled,

1. That no citizen of the United States, nor person owing

duty of obedience to the laws or the treaties of the United States, nor any of their vessels, nor any vessel of the United States, nor any person belonging to or on board of such vessel, shall kill, capture, or pursue, at any time or in any manner whatever, any fur seal in the waters of the north Pacific Ocean north of the thirtieth

parallel of north latitude and including the seas of Bering, Sea-otter kill- Kamchatka, Okhotsk, and Japan; nor shall any such perbidden. son or vessel kill, capture, or pursue sea otter in any of

the waters mentioned beyond the distance of three miles

from the shore line of the territory of the United States. Equipping, etc. No citizen of the United States, nor person above sealing or sea- described in the first section, shall equip, use, or employ, ving tor- or furnish aid in equipping, using, or employing, or fur

nish supplies to any vessel used or employed, or to be used or employed, in carrying on or taking part in pelagic sealing or in sea-otter hunting in said waters, nor shall

any of their vessels nor any vessel of the United States Use of a ports, be so used or employed; and no person or vessel shall use etc., forbidden.

any of the ports or harbors of the United States, or any part of the territory of the United States, for any purposes whatsoever connected with the operations of pelagic

sealing or sea-otter hunting in the waters named in the Vessels ex-first section of this Act; and no vessel which is engaged

or employed, or intended to be engaged or employed, for or in connection with pelagic sealing or sea-otter hunting in such waters shall use any of the ports or harbors or any part of the territory of the United States for any purpose whatsoever.

ing at sea

for

vessels for pelagic

bidden.

Ibid., sec. 2.

cluded.

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